Montana Minor Child Power of Attorney Form

The Montana Minor Child Power of Attorney is a legal instrument that represents, in unambiguous terms, a parent or guardian’s determination to delegate specific decision making powers regarding their child’s wellbeing and care to another party. Once the Power of Attorney is in effect, the other party, legally referred to as the Agent, will be responsible for applying the decision making powers to act in the role of a temporary guardian to the child in the circumstances provided for in the form. For example, to administer medication to the child, take them to recreational appointments, and sign school permission letters.

Additional Considerations

All Minor Child Power of Attorney agreements were previously governed by the Montana Code Annotated 2015. That is, § 72-5-103 provided legal guidelines about the nature of these arrangements. However, the Code was replaced by the Uniform Power of Attorney Act in 2017. The new Act no longer contains any provisions specifically about minor children. As such, anyone wishing to execute this agreement should ensure the form they draft complies with the general provisions found in the Uniform Power of Attorney Act.

State Laws & Signing Requirements

State Laws – Uniform Power of Attorney Act

Signing Requirements (§ 72-31-305 and (§ 72-31-305) – A Notary Public or another authorized individual must acknowledge the parent or guardian’s signature upon the Minor Child Power of Attorney.